Last week, a federal court ruled sided with the Equal Opportunity Employment Commission in a discrimination lawsuit against retailer Abercrombie & Fitch. The court agreed with the EEOC's allegation that the retailer committed employment discrimination when it refused to hire an applicant who wore a hijab, or head scarf, in line with her religious beliefs.

The EEOC filed the lawsuit against Abercrombie after a teenager in Tulsa, Oklahoma, wore her hijab to a job interview at an Abercrombie store in a local mall, and was subsequently denied employment. She was reportedly turned down for the job because her head scarf violated Abercrombie's "look policy" forbidding employees from wearing such attire.

In defense of its company and uniform policy, Abercrombie stated that an employee's wearing a head scarf would create an undue burden on the conduct of its business. The retailer denied that it was committing religious discrimination, but that it was merely protecting its business and its bottom line by requiring that employees comply with its narrow dress code.

However, the federal court viewed the incident differently, and ruled in favor of the EEOC, finding that Abercrombie & Fitch committed religious discrimination against the lawsuit by refusing to hire her because of her hijab. In its ruling, the court said that Abercrombie failed to provide sufficient evidence to dispute the EEOC allegations of discrimination.

According to P. David Lopez, general counsel for the EEOC, other retailers should heed this ruling when making future employment decisions. "In this case," he said, "the Court's ruling makes clear an EEOC employer's 'corporate image' policy does not relieve an employer of the obligation to provide a reasonable religious accommodation."

Source: KTUL, "Court Agrees With EEOC in Head Scarf Discrimination Lawsuit," Natalie Andes, 15 July 2011